Los Angeles daily herald., 1887-06-21
Louise and Lucky in Court
Again.
CONTINUED FOR THE TERM.
This Cause Celebre Goes Over to
July, Owing to Illness OF
4. j. Baldwin.

came ND on contihuAnSo iiVn "eoN
.ao. This, as is well known. is the sec.
pud trial of the case, the plaintiff having
gotten a verdict for $4,000 on the for
mer trial. The suit is to recover dam
ACES for breach Of promise to marry, and
the first trial was had during the fall OF
1886, the promise to marry the girl be-
ing alleged TO have been made some
three years before that time.
Judge O'Melveny's court room is un-
derqoing very great changes at present,
40 ss to partition off about half of it for
the use of the Recorders office, which
is pressed far beyond the capacity OF its
present accommodations. by the i'm
mense transactions in real property go
inc on daily. The janitors were busV
cleaning up the debris left by the
workmen, until the moment OF
calling the court to order. which
was done by Deputy Sheriff r. d.
Barham ct 10 o'clock. Deputy Clerk F.
P, Kelley read the previous order OF the
court postponing the case one week, and
then District Attorney Dupuy appeared
with the case of Ritchie, charged with
the famous gold-brick swindle. After
disposing of this, the court explained
the reason of the court room being in
such "admired disorder" and glanced
mildly at the rapacity of the Clerks
Office, which had taken fully half the
court room for the use of the copyists.
Then the case of Perkins vs.. Baldwin
was called. The crowd of curious spec.
tators of all sizes, ages and conditions
of male humanity which filed every
available inch on the floor proves how
far from abated is the public interest in
this celebrated case. As soon as the
case was called
HON. G. WILEY WELLS,
Senior Counsel for Mr.. Baldwin, arose
and renewed tthe motion of week ago,
that the case be continued for the term.
At little after ten this attorney began
to read series of affidavits in
support of his motion, and it was
nearly ii o'clock before he got to the
end of the same. The statements
were substantially the same as those
sworn to when the case had been called
ON the previous Monday and the affi.
ants were in the main the same also.
MIR. H. A. Unruh, the physicians in st.
Louis, Messrs. Lloyd L Wood, attorneys
in San Francisco, and others made sworn
statements as to the illness of the de
fendant, Baldwin, in the city of St
Louis, or as to the inability Of Mr.. Lloyd
to attend at the present session of court
This r. H. Lloyd is engaged as assist
ant counsel for Mr.. Baldwin. There
were new affidavits from the st. Louil
medicos, DR.. R. H. Desse and his partner
DIR. Powers; also from Mr.. Baldwin, tt
the effect that the defendant is still il
at st. Louis, and that travel at thi
time would imperil bis life. An affidavit
from Mr.. L. II. Titus, of San Gabriel
who is now in st. Louis, confirmed th'
other statements as to the state of Mr.
Baldw ms health. He was taken i'll OF
June 4th, and has so continued up t.
this time. The physicians state that i
will be some time further before thei
patient can safely proceed on journey
home to California.
HON. S. NJ. WHITE,
Senior counsel for the plaintiff, at tn
conclusion Of the reading of the state
ments, introduced an affidavit from
Miss Perkins, setting forth that one o
her attorneys had received q Telegram
from st. Louis. This message was date,
ct st. Louis, June IA, 1887, and wa
signed H. A. Lodge. He was stated t,
be an attorney of that place, and h
wired that Baldwin was there at tn
Southern Hotel; that he was not sick
but had attended the races on the pre-
vious day. MIR. White stated that b
had telegraphed to St. Louis for informa
tion touching the state of Mr.. Baldwin
health, but had not received any answe
yet. As Miss Perkins attorney, Mr.
White opposed the continuance of tn
case for any great length of time.
THE COURTS ACTION.
The Judge then ordered the names O
the jurors callsd, which was done, al
answering as present except Rudolph
Miller. The Court then asked Colone
Wells if he could set any specific tim
next term when the case might safely b
set for. To this Mr.. Wells said he coul,
not. Mr.. Baldwin is suffering from Kid
ney disease, and this ailment is hard Il
foretell the course of. By the first Mon
day in July, when the calendar is to b
called, definite information may be OBJ
tainable. Then the case can be set.
Mr.. White wished the case set nov
for definite day in next term. Tn
county is large, and there are grea
many witnesses to get. "The plaintiff,
Mr.. White remarked, ''has not the sam
facilities for notwithstanding tn
county which the defendant has," ]
: the time were set now, these witnesse
could be subp@naed to appear at th
proper time.
Mr.. Wells argued that this should no
be treated otherwise than as cases usual
ly are handled. All other continue,
cases take their place on the calenda
and are set when the calenda
is called at the opening of the term
He wanted this case treated in tn,
usual manner. There has been but on,
continuance of the case so far, and ther,
has been no unnecessary delay inter.
posed by defendant in this case.
Mr.. White thought the case an ex
ceptional one in all respects, including
the sickness of Mr.. Baldwin. H,
thought it would not be improper t.
continue this exceptional feature of /
by setting the case for specific dat,
next term.
CONTINUED FOR TERM.
The Court stated that the absence o.
R. Fl. Lloyd, would not cut any figure
in the plea for continuance. The
strong affidavits of Mr.. Baldwin's inabil
ity, and in the absence of any counter
testimony, the Court was bound to re-
gard as good ground for granting the
motion. The costs of the postpone.
n,ent of last week and of the continu
auce of yesterday were figured out by
the clerk at 1921 go, and these were or
dered taxed to Baldwin.
Mr.. Wells wished to know II this
were to be regular rule of the court,
where one of the parties should be SICK
when a case was. called. The court thought
such rule perfectly just. Some one had
to cay the cost, and 1t should be the
party by whose failure the delay became
naoaaaorv The costs were taxed to the